TATA AIG GENERAL INSURANCE COMPANY LTD. Vs. LALSANGZUALI

JUDGEMENT

(1.) Heard Mr. Roshan Subedi, learned counsel for the appellant and Mr. Johny L. Tochhawng, learned counsel for the respondent No. 1. None appears for the other respondents despite notice.

(2.) This is an appeal against the Judgment and Order dtd. 8/12/2022 passed by the Motor Accident Claims Tribunal, Aizawl (Tribunal) in MACT Case No. 47/2019 awarding the respondent No. 1 (claimant) a sum of Rs.25,53,000.00with interest @ 7% per annum from the date of filing of the claim application (5/9/2019).

(3.) Facts of the case in brief is that the son of the respondent No. 1 i.e., Lalchhandama was driving a taxi bearing registration No. MZ 01 H 0588 on 28/6/2019. On board the taxi were two (2) other passengers namely, Lalrinawmi and Lalrammawia, who were both resident of Edenthar Veng, Aizawl. At around 8 AM while the taxi was being driven through Phunchawng, a Tipper bearing registration No. MZ 01 N 6026 coming from the opposite direction and proceeding towards Aizawl hit the taxi and as a result, the driver of the taxi and his two (2) passengers were injured. They were given first-aid at the Civil Hospital, Aizawl but the driver of the taxi having sustained severe injuries was referred to LRM Hospital as there was no bed in the ICU at the Civil Hospital, Aizawl. The driver of the taxi then succumbed to his injuries on 1/7/2019. In view of his death due to the accident, the respondent No. 1 (claimant), who is the mother of the deceased filed claim application before the Tribunal claiming compensation. According to the respondent No. 1, the deceased was employed to drive the taxi by the respondent No. 5 and he gave him a monthly salary of Rs.15,000.00. The offending vehicle (Tipper) was validly insured with the instant appellant under Policy No. 015950202900 with the validity from 30/3/2019 to 29/3/2000 and the claim application was filed under Sec. 166 of the Motor Vehicles Act, 1988 (M.V Act).